EULA & Terms and Conditions of Use
BlabBlab Design Tech Co Limited (“Company” or “We” or “BlabBlab” or "BlabBlab Messenger" or "BLABBLAB") Terms and Conditions of Use (these “Terms and Conditions'') set forth the terms and conditions for the use of any and all products and services (collectively, the “Services”) provided by BlabBlab Design Tech Co Limited (BlabBlab) to users of the Services (the “User“ or “Users“, depending upon the context). These Terms and Conditions describe a legal agreement, so please read it carefully. The following terms and conditions, together with any documents they expressly incorporate by reference, govern your access to and use of the BlabBlab Messenger, our website, and the Services.
Agreement to these Terms and Conditions
All Users shall use the Services in accordance with these Terms and Conditions. Users may not use the Services unless they agree to these Terms and Conditions. Users who are minors may only use the Services by obtaining prior consent from their parents or legal guardians. Furthermore, if Users will be using the Services on behalf of, or for the purposes of, a business enterprise, then such business enterprises must also agree to these Terms and Conditions prior to using the Services. If there are Separate Terms and Conditions applicable to the Services, Users shall also comply with such Separate Terms and Conditions as well as these Terms and Conditions in using the Services.
Modification to these Terms and Conditions
BlabBlab may modify these Terms and Conditions when BlabBlab deems it to be necessary, within the scope of the purposes of the Services. In such case, BlabBlab will indicate the contents of the modified version of these Terms and Conditions, as well as the effective date of the modification, on the Services or on BlabBlab’s website, or will publicize the same to Users by notifying Users in the manner prescribed by BlabBlab. The modified version of these Terms and Conditions shall become effective as of the effective date thereof.
Safety - User Generated Content
This End User License Agreement ("Agreement") is between you and BlabBlab and governs use of this app made available through the Apple App Store. By installing the BlabBlab App, you agree to be bound by this Agreement and understand that there is no tolerance for objectionable content. If you do not agree with the terms and conditions of this Agreement, you are not entitled to use the BlabBlab App.
In order to ensure BlabBlab App provides the best experience possible for everyone, we strongly enforce a no tolerance policy for objectionable content or abusive users. If you see inappropriate content, please use the "Report" feature found under contact’s profile and also immediately block that user.
No Emergency Call Functions
The Services cannot be depended upon for emergency calls, such as those made to law enforcement agencies, maritime safety authorities, fire brigade or other emergency services, this service is not a replacement of traditional or cellular phones and may not be used to call emergency services or 911. SOS Alert feature cannot be depended upon for emergency services or law enforcement.
BlabBlab reserves the right to post advertisements for BlabBlab or a third party on the Services.
BlabBlab prohibits Users from engaging in any of the following acts when using the Services:
- Acts that violate the laws and regulations, court verdicts, resolutions or orders, or administrative measures that are legally binding;
- Acts that may be in violation of public order, morals or customs;
- Acts that infringe intellectual property rights, such as copyrights, trademarks and patent rights, rights to fame, privacy, and all other rights granted by law or by a contract with BlabBlab and/or a third party;
- Acts of posting or transmitting excessively violent or explicit sexual expressions; expressions that amount to child pornography or child abuse; expressions that lead to discrimination by race, national origin, creed, gender, social status, family origin, etc.; expressions that induce or encourage suicide, self-injurious behavior or drug abuse; or expressions that include anti-social content and lead to the discomfort of others;
- Acts that lead to the misrepresentation of BlabBlab and/or a third party or that intentionally spread false information;
- Acts of sending the same or similar messages to a large, indefinite number of Users (except for those approved by BlabBlab), indiscriminately adding other Users as friends or to group chats, or any other acts deemed by BlabBlab to constitute spamming;
- Acts of using the Services for sales, marketing, advertising, solicitation or other commercial purposes (except for those approved by BlabBlab); using the Services for the purpose of sexual conduct or obscene acts; using the Services for the purpose of meeting or engaging in sexual encounters with an unknown third party; using the Services for the purpose of harassment or libelous attacks against other Users; or otherwise using the Services for purposes other than as intended by the Services;
- Acts that benefit or involve collaboration with anti-social groups;
- Acts that are related to religious activities or invitations to certain religious groups;
- Acts of unauthorized or improper collection, disclosure, or provision of any other person's personal information, registered information, user history, or the like.
- Users shall use the Services at their own risk, and shall bear any and all responsibilities for actions carried out under and the results from the use of the Services.
- BlabBlab may suspend the use of all or part of the Services, suspend or delete accounts, cancel any agreement between a User and BlabBlab with respect to the Services (including, without limitation, any agreement based on these Terms and Conditions, hereinafter the same) or take any other measure BlabBlab reasonably determines to be necessary and appropriate without prior notice to such User in the case that such User falls under or there is a possibility that such User falls under any of the following items:
- A User is in breach of applicable laws and regulations, these Terms and Conditions, or any Separate Terms and Conditions;
- A User is a member of an anti-social group or a related party thereof;
- A User tarnishes BlabBlab ’s credibility by spreading false information, using fraudulent means or force, or other unlawful means;
- A User is subject to a petition for attachment, provisional attachment, or auction, ; procedures such as bankruptcy, civil rehabilitation, or similar procedures are commenced; or BlabBlab otherwise reasonably determines that there is uncertainty with respect to User’s credibility; or
- The relationship of trust with a User is lost or BlabBlab otherwise reasonably determines that it would not be appropriate for BlabBlab to provide the Services to User, due to reasons other than as set forth in items (1) to (4) above.
- In the case where BlabBlab suffers loss/damages either directly or indirectly (including, without limitation, attorney fees) due to a User’s use of the Services (including, without limitation, cases where BlabBlab receives a complaint from a third party due to such use), the User shall immediately compensate BlabBlab for such loss/damage in accordance with BlabBlab’s request.
BLABBLAB SHALL PROVIDE NO WARRANTY, EITHER EXPRESSLY OR IMPLIEDLY, WITH RESPECT TO THE SERVICES (INCLUDING THE SUBJECT CONTENTS), THAT THERE ARE NO DEFECTS (INCLUDING, WITHOUT LIMITATION, FAULTS WITH RESPECT TO SECURITY, ETC., ERRORS OR BUGS, OR VIOLATIONS OF RIGHTS) OR AS TO THE SAFETY, RELIABILITY, ACCURACY, COMPLETENESS, EFFECTIVENESS AND FITNESS FOR A PARTICULAR PURPOSE. BLABBLAB WILL IN NO WAY BE RESPONSIBLE FOR PROVIDING USERS WITH THE SERVICES AFTER DELETING SUCH DEFECTS.
BLABBLAB SHALL NOT BE LIABLE FOR ANY INJURIES, DEATH, OR DAMAGES TO USER OR USERS ARISING OUT OF OR RELATED TO USAGE OF SERVICES, AND USER OR USERS HEREBY RELEASES BLABBLAB FROM ALL SUCH CLAIMS, INCLUDING THOSE CAUSED BY BLABBLAB’S NEGLIGENT ACTS OR OMISSIONS OF ANY DEGREE; PROVIDED, HOWEVER, THAT THIS SHALL NOT APPLY TO THE EXTENT THAT THE PROXIMATE CAUSE OF INJURY, DEATH OR DAMAGE TO USER, OR USERS, IS BLABBLAB’S NEGLIGENCE OR INTENTIONAL MISCONDUCT.
LIMITATION OF LIABILITY
BLABBLAB WILL NOT BE LIABLE FOR ANY DAMAGE INCURRED BY USERS FROM THE USE OF THE SERVICES, UNLESS SUCH DAMAGE IS ATTRIBUTABLE TO THE INTENTIONAL OR GROSSLY NEGLIGENT ACTS OF BLABBLAB; PROVIDED, HOWEVER, THAT, IN THE CASE THAT THE AGREEMENT BETWEEN THE USER AND BLABBLAB WITH RESPECT TO THE USE OF THE SERVICES FALLS UNDER A CONSUMER CONTRACT AS DEFINED UNDER THE CONSUMER CONTRACT ACT OF HONG KONG (“CONSUMER CONTRACT”), BLABBLAB WILL BE LIABLE TO PROVIDE COMPENSATION FOR DAMAGE ARISING DUE TO NEGLIGENCE ON THE PART OF BLABBLAB (EXCLUDING GROSS NEGLIGENCE) ARISING FROM CONTRACT OR TORT ONLY WITHIN THE RANGE OF (A) THE DAMAGE WHICH IS NORMALLY INCURRED (I.E., EXCLUSIVE OF LOST PROFITS AND OTHER DAMAGES ARISING UNDER SPECIAL CIRCUMSTANCES), AND (B) THE AMOUNT OF USAGE FEES FOR THE SERVICES RECEIVED FROM SUCH USER FOR FEE-BASED SERVICES FOR THE MONTH IN WHICH SUCH DAMAGE HAS BEEN INCURRED, AT MAXIMUM. IF A USER INCURS DAMAGE AS A RESULT OF GROSS NEGLIGENCE ON THE PART OF BLABBLAB, BLABBLAB WILL BE RESPONSIBLE TO PROVIDE COMPENSATION FOR THE DAMAGE INCURRED BUT ONLY WITHIN THE RANGE OF (A) THE DAMAGE WHICH IS NORMALLY INCURRED (I.E., EXCLUSIVE OF LOST PROFITS AND OTHER DAMAGES ARISING UNDER SPECIAL CIRCUMSTANCES), AND (B) THE AMOUNT OF USAGE FEES FOR THE SERVICES RECEIVED FROM SUCH USER FOR FEE-BASED SERVICES FOR THE MONTH IN WHICH SUCH DAMAGE HAS BEEN INCURRED, AT MAXIMUM; PROVIDED, HOWEVER, THAT THE FOREGOING SHALL NOT APPLY IF THE AGREEMENT BETWEEN SUCH USER AND BLABBLAB FALLS UNDER THE DEFINITION OF A CONSUMER CONTRACT. WHEN A USER USE CLASSIFIEDS FEATURE, THEY AGREE TO NEVER HOLD US RESPONSIBLE FOR ACTIONS OF OTHER USERS, WE CAN NOT GUARANTEE THE ACCURACY, QUALITY, OR LEGALITY OF ANY POSTINGS. WE CAN NOT ALSO GUARANTEE CONTINUOUS SECURE ACCESS TO OUR SERVICE. WE WILL NOT BE LIABLE FOR ANY DAMAGE OR LOSS OF FINANCES OR SOCIAL STANDING.
Governing Law and Jurisdiction
You agree to resolve any Claim you have with us relating to or arising out of our Terms, us, or our Services exclusively in Hong Kong. You also agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such disputes. The laws of Hong Kong govern our Terms, as well as any disputes, whether in court or arbitration, which might arise between BlabBlab and you, without regard to conflict of law provisions. You may end these Terms with BlabBlab at any time by deleting BlabBlab Messenger from your device and discontinuing use of our Services. We may modify, suspend, or terminate your access to or use of our Services anytime for any reason, such as if you violate the letter or spirit of our Terms or create harm, risk, or possible legal exposure for BlabBlab. The following provisions will survive termination of your relationship with BlabBlab.